Colorado Stalking Lawyer, C.R.S. 18-3-602 Felony Charge
Stalking in Colorado comes in one of two situations: First, if there is a credible threat to a person and then in connection with that threat you follow, place under surveillance, or repeatedly make any form of communication with that person or members of their family (this could also support a Harassment charge); or, second, if you repeatedly follow, contact or place under surveillance a person or member of their family in a manner that would cause someone to suffer serious emotional distress, and it does cause this type of distress.
Practical Examples of Stalking
Here are a couple of practical examples of how these two categories would support a Stalking charge in Denver, Douglas, Adams, Arapahoe and Jefferson County, Colorado. First, if you were to approach a person who misbehaved in traffic after they stop and get out of their car, and tell them, "you better watch out, if I ever see you driving like that again, it will be the last thing you ever do", and then you follow them when they leave the parking lot, you might be charged with stalking. C.R.S. 18-3-602. The threat is there and the "repeatedly follows" is there. You followed them to the parking spot, threatened them, and then followed again.
In the second example, a woman breaks up with her boyfriend in Aurora, Castle Rock or Centennial, and he does not want to end the relationship. He shows up at her school, comes by her house, calls repeatedly and shows up at her job - all after she says to leave her alone. If the woman or even the woman's mother get overly worried and experience "serious emotional distress", the man could be charged with Stalking. Notice that even if the woman or her mother are hyper-sensitive, and most people would not experience serious emotional distress, you would still be charged. Essentially, you take people the way you find them, with all their frailties and special sensitivities.
Stalking in Colorado is a Felony
Stalking is either a class four or class five felony, depending on whether it is a first or second offense, or whether there is a protection order in place at the time of the Stalking. Felonies can have devastating effects on a person's employability and housing pursuits, and expose them to a prison sentence. They will also render a person ineligible to possess a firearm anywhere in the country. (See our Firearms Rights page). It is essential that anyone charged with Stalking involve an experienced criminal lawyer at once.
Police will seek to talk with a person accused of Stalking before they make an arrest. They will want to avoid the Miranda advisement requirement, and will try and talk with you before placing you in custody. Their goal is to gain admissions from the accused which they can use to successfully prosecute their case. You can greatly strengthen your defense by remaining silent.
So, if the police contact you, be smart, exercise your right to remain silent, and call us today at 303-731-0719. Together, we can protect your future.
